What to Do if You Get Food Poisoning from a Restaurant: Reporting and Compensation

Tainted restaurant foods sicken and kill thousands of Americans every year. Here’s what you need to know about compensation for food poisoning.

Each year, 48 million people in the United States get sick from food poisoning. More than 120,000 food poisoning victims have to be hospitalized, and roughly 3,000 don’t survive.¹

Restaurants are the most common location linked to outbreaks of food poisoning, including sit-down restaurants, take-out spots, cafeterias, and delicatessens.²

Food poisoning symptoms might appear within an hour or days later, and can range from mild stomach upset, to nausea, vomiting, and even death.

If you or a loved one have suffered food poisoning from a restaurant, you have a right to seek compensation for your medical bills, lost wages, and pain and suffering.

3 Things To Do After Food Poisoning

Thousands of people are sickened by food poisoning every day. Thousands more are sickened by non-food-related germs that cause the same symptoms, such as nausea, vomiting, diarrhea, and belly cramps. If you suspect your illness is caused by food poisoning, act fast to protect your health and your right to compensation.

1. Seek Immediate Medical Verification and Treatment

If you get food poisoning, seek medical treatment immediately. Your doctor must diagnose you with food poisoning and identify the type of bacteria or virus that made you sick. Tell your medical provider exactly when and where you dined, and what you ate that you believe was contaminated.

Unless you are sick enough to be hospitalized or are a person at high risk for complications from a foodborne illness, your doctor may diagnose food poisoning just from your symptoms.

People most likely to suffer complications from food poisoning:

  • Pregnant women
  • Young children
  • Older adults
  • People receiving chemotherapy or radiation treatments
  • People with compromised immune systems from conditions like diabetes, liver disease, kidney disease, organ transplants, or HIV/AIDS

Your medical care provider may order tests to identify the type of organism that’s making you sick.

Your doctor’s diagnosis can help your claim, but laboratory tests showing the type of germ that made you sick give much better support for a food poisoning claim or lawsuit.

If your medical provider orders testing for food poisoning, a sample (usually a stool sample) will be sent to your local laboratory for testing. If the test is positive for certain kinds of organisms, some of the testing materials might be sent to the public health laboratory for more extensive testing.

2. Cooperate With Foodborne Illness Surveillance

The U.S. Centers for Disease Control and Prevention (CDC) oversees a national laboratory network with the technology to do special DNA testing of organisms to help identify outbreaks of disease.

Strains of bacteria tend to have the same DNA “fingerprint” when they spread, kind of like members of the same family will have some of the same DNA traits.

The DNA test results are loaded into the Pulsenet database. Comparing test results in the database helps the government figure out when a lot of people are getting sick from the same germ, even when they are miles apart.

Groups of people who are sick from the same germ are called a “cluster.” By interviewing people in the same cluster, investigators can figure out if the people all got sick from food that came from the same place.

If you are part of a food poisoning “cluster” caused by a negligent restaurant chain, the information can help your attorney pursue compensation on your behalf.

Today, some states require doctors to report foodborne illnesses caused by certain organisms.

Case Example: Deadly Four-State Food Poisoning Outbreak

In 1993, health department officials began investigating a life-threatening outbreak of illness in Washington state. Many of the victims were children.

The source of the illness was traced back to E. coli O157: H7 bacteria that had contaminated hamburger patties sold at area Jack in the Box restaurants.

Before all was said and done, over 700 people in four states were sickened, and four children died. The exact source of the contaminated meat was never confirmed. However, Jack in the Box was shown to be negligent for deliberately failing to cook burgers to a safe internal temperature.

Even though the company had been warned about undercooking hamburgers, the company “decided that cooking them to the required 155 degrees made them too tough.

Jack in the Box has paid out millions in damages to food poisoning victims and their families, including a $15.6 million settlement to Brianne Kinner, who nearly died and was permanently injured after eating a tainted burger.

3. Gather Evidence to Support Your Claim

Evidence you can gather on your own is important to your injury claim, even when you decide to hire an attorney to fight on your behalf.

  • Food samples and packaging: Bacteria can be identified by testing food, food containers, food wrappings, utensils, and other objects which may have come in contact with contaminated food.
  • Witness testimony: Proving you were at the restaurant is important. Speak with potential witnesses who dined with you. Ask them to confirm in writing that they were at the restaurant with you on the date you contracted food poisoning and if they were also sickened. Have them sign and date their statements.
  • Lost wages verification: If you had to miss work while recovering from your illness, have your employer provide a written statement of the dates and times you were absent from work, and the amount of income you lost as a result.
  • Medical records, bills, and expense receipts: You will need copies of all medical records and bills related the food poisoning. Also, save receipts for any out-of-pocket medical expenses.

Liability for Restaurant Food Poisoning

Restaurants have a legal duty of care to do everything within reason to protect their patrons from undue harm. When the restaurant fails in its legal duty, and a patron is injured, the restaurant becomes liable for the injuries and resulting damages.

Several federal agencies govern food safety in the United States, including the Department of Agriculture and the Food and Drug Administration.

Each state has its own safety and health regulations governing restaurants and other commercial food establishments. State rules are enforced by the board of health agents who make unannounced visits to see if the restaurant is following the rules for general cleanliness, refrigeration levels, cross-contamination, and more.

Find your location on this FDA table of Retail and Food Service Codes and Regulations by State.

To win a food poisoning case against a restaurant, you need to prove:

  1. The restaurant owed you a duty of care to serve safe food
  2. The restaurant breached its duty by negligently serving you contaminated food
  3. The contaminated food was the direct cause of your illness
  4. You have measurable and verifiable damages

Food Poisoning Injury Compensation

The severity of your food poisoning will determine the value of your injury case and if you need a personal injury attorney.

Minor Food Poisoning Claims

If your symptoms were minor, including mild diarrhea, vomiting, and nausea, and only lasted a day or two, you may decide to handle your own injury claim.

Contact the restaurant and tell the owner and manager about your food poisoning. Present copies of your meal receipt, medical bills, and out-of-pocket expenses. Also bring your other evidence, such as witness statements and proof of lost wages. Do not turn over your medical records yet.

A fair demand for settlement would be the total of your medical bills, related expenses, and lost wages, with one or two times that amount added on for pain and suffering.

Be prepared to put your demand in writing.

We’ve made it easy with this sample Restaurant Injury Demand Letter.

If you recovered from a bout of suspected food poisoning with little or no medical bills, it probably wouldn’t be worth your time or effort to fight a legal battle for compensation.

Serious Foodborne Illness Injuries

If your illness was severe enough to require hospital care, or the food poisoning victim was a child, you’ll need an experienced personal injury attorney to handle your case.

Many restaurants are owned by big corporations with aggressive legal teams ready to protect the company from bad publicity. Even with medical proof of food poisoning, defense attorneys will argue you could have gotten it somewhere else, including your own home.

A good personal injury lawyer will review your evidence, discuss your chances of winning, and estimate how much your case is worth.

Injury attorneys usually offer a free consultation and will take your food poisoning case on a contingency fee basis, meaning the attorney’s fees won’t be paid unless your case settles or you win a court verdict.

Case Example:  $370,000 For Work Lunch Food Poisoning 

A workplace luncheon held to honor two employees will not be forgotten after 29 attendees showed symptoms of food poisoning within 90 minutes of the event. “They were vomiting right at their desks. People were throwing up in their waste paper buckets.

The luncheon was catered by a local restaurant, Soul For Real, LLC, dba Sandra’s Place. The local health department determined the barbeque pork was not kept properly heated, resulting in the food poisoning.

A personal injury lawsuit was filed against the restaurant on behalf of 12 victims who had to be hospitalized. The suit eventually settled for $370,000.

Common Causes of Restaurant Food Poisoning

Most restaurants are safe and clean places to enjoy a bite to eat, a refreshing beverage, or a romantic dinner. Despite strict food-handling laws and regulations, thousands of patrons are sickened by food poisoning.

Some of the most common causes of food poisoning in eateries include:

  • Tainted ingredients from the supplier: The restaurant owner may not realize until someone gets sick that they are using hazardous ingredients in their menu offerings. Like the outbreak of Hepatitis A linked to tainted frozen strawberries used to make smoothies that sickened hundreds of people in several states.
  • Cross-contamination: Fresh, healthy food can be contaminated with harmful bacteria from improperly washed cutting boards, utensils, and more. Raw meats, poultry, and seafood must be kept apart from other foods.
  • Poorly regulated food temperature: Perishable foods must be maintained at a safe internal hot or cold temperature to prevent the growth of dangerous bacteria. Many illnesses are caused by foods kept outside of the safe zone in restaurant kitchens.
  • Poor employee hygiene: Proper handwashing is essential to safe food handling. When employees don’t wash their hands with soap after handling raw meats, poultry, touching their hair or face, or after using the bathroom, disease-causing organisms can spread to the food they serve.
  • Sick food handlers: Several types of serious illness may be spread by infected food handlers. Sometimes workers don’t know they are ill or don’t disclose a known illness to their employer. Often, food handlers continue working as cooks and servers, despite active symptoms of a disease, because they need the money or are afraid of losing their job.

Case Example: The Infamous “Typhoid Mary”

Mary Mallon was a carrier of Salmonella typhi, also known as “Typhoid Fever” in the early 20th century, before the development of medications to treat the potentially fatal disease.

Refusing to believe she carried a dangerous disease, Mary worked throughout New York as a cook. During the year 1907, about 3,000 New Yorkers were infected, most likely because of Mary.

Mary was detained, tested positive as a carrier for Salmonella typhi, and warned she could not safely work in food service. Despite the warnings, she changed her name to take a job working in a hospital kitchen. Within three months she had contaminated 25 people, including doctors, nurses, and staff. Two of the victims died.

To prevent the further spread of the deadly disease, Mary was taken into custody by public health officials and remained in custody for the rest of her life.

Figuring out where a case of food poisoning began isn’t always easy, especially if symptoms don’t start right away.

However, there are categories of foods that are most often the culprit behind outbreaks of food poisoning, where several people all get sick after eating the same foods.

The most common types of foods associated with food poisoning outbreaks are:

  • Produce: Almost half of all outbreaks of food poisoning (46%) are traced to fruits, nuts, and vegetables. Within this food group, leafy vegetables like lettuce cause the most illnesses.
  • Meat and Poultry: Pork, beef, game, chicken, and turkey are involved in 22% of food poisoning cases. Bad meat or poultry, especially poultry, account for 29% of deaths from food poisoning.
  • Dairy and Eggs: At least 20% of all food poisoning is attributed to dairy or eggs. This food category is responsible for 15% of the deaths from foodborne illnesses.
  • Fish and Shellfish: A little over 6% of all cases of food poisoning are caused by fish and seafood, and about 6.4% of food poisoning fatalities.

Pathogens that Cause Food Poisoning

There are more than 250 kinds of diseases linked to contaminated food. Many foodborne diseases are highly contagious, meaning easy to spread to other people.

Symptoms of food poisoning can appear as soon as an hour after eating tainted food, like with some Staph infections, or up to several weeks later, as with Hepatitis A infections.

Common foodborne illnesses include:

  • Salmonella: Salmonella can be found in milk, pork, meat, chicken, and eggs. When food is improperly refrigerated, or when uncontaminated food comes in contact with food already infected (cross-contamination), Salmonella quickly spreads. Symptoms of Salmonella poisoning normally last from 24 to 48 hours.
  • Norovirus: Also known as Norwalk Virus, Noroviruses are highly contagious, and the most common cause of foodborne gastrointestinal problems, often blamed on a “stomach bug.” Symptoms include diarrhea, vomiting, nausea, and stomach pain. Diarrhea is more common in adults, while vomiting is more common in children.
  • Shigella: Shigella bacteria is most often transmitted when food handlers don’t wash their hands thoroughly after using the bathroom. Symptoms of Shigella poisoning include bloody diarrhea and severe stomach cramps, usually lasting 5 to 7 days.
  • Clostridium: Commonly known as botulism, Clostridium botulinum can quickly spread in canned foods that aren’t properly sealed, becoming toxic. Symptoms include double vision, severe nausea, lethargy, droopy eyelids, trouble speaking and swallowing, and impaired breathing. It can be fatal in 3 to 10 days.
  • Listeria: Listeria tends to occur in raw milk products, soft cheeses, and processed meats, like hot dogs and deli meats. Symptoms include fever, stiff neck, confusion, weakness, vomiting, and sometimes starts with diarrhea.
  • Campylobacter: Campylobacter is found in poultry products. It’s primarily spread when poultry is undercooked or under-refrigerated. Symptoms include diarrhea and dehydration, lasting up to 7 days.
  • Escherichia coli: Commonly called E.coli, some forms of this bacteria can cause serious damage to the intestinal tract. It’s normally found in undercooked and raw meat. Symptoms last from 7 to 10 days and can include bloody diarrhea, vomiting, and in some cases, kidney failure.

For more information visit this FDA Chart of Foodborne Disease-Causing Organisms.

Restaurant Food Poisoning Questions